Portable Sanitation Association International

ASSOCIATIONINSIGHT Portable Sanitation Association International News BIWEEKLY EDITION JANUARY 6, 2021 Page 7 Safety Update: What Is Your Company Doing February–April?…Continued from page 6 Penalties OSHA lists 6 types of violations: • De Minimus or "minor," where there is no impact on health and safety. These are normally of a technical nature where the company implements a measure that is different from an exact OSHA standard. • Other-Than-Serious involves a direct relationship to workplace health and safety. "These threats are not an immediate safety concern, but they do reflect noncompliance with OSHA standards, such as poor record keeping." This is the violation for not complying with the posting of the 300 Logs. The maximum penalty: $13,494. Terri says, "The inspector does have a great deal of latitude" in assessing these fines." Most of the time, however, the non-posting of the 300 Logs is found only at the time of an OSHA inspection for another possible violation." • Serious applies to violations that create a "high risk of potential injury, illness, or death to workers." • Willful is the most serious violation. The company is knowingly violating the law and shows "no intention of changing the behavior." The maximum fine is $134,937 per violation. • Repeated (lumped with willful in the penalty assessment) means the company has been "informed of the problem, has been cited, and still fails to correct the issue." • Failure to Abate refers to a continuing violation. In these situations, an abatement date is given for the company to correct a problem and "the failure to do so results in a $13,494 per day penalty until resolved." Summary As Terri concludes, "Safety is one of the cornerstones of a successful company. The OSHA Safety Reporting Program allows companies to monitor safety in the workplace, identify possible safety issues, and create an atmosphere where safety and safe working conditions are paramount in importance." One final note of caution that Terri emphasizes at the conclusion of her work: "OSHA and their rules and regulations are the final arbiter of this program. Please consult the OSHA website for specific questions or concerns. Will your OSHA 300A Logs be in order and posted starting February 1st? v Minimum and Maximum Amounts for Civil Penalties Type of Violation Penalty Minimum Penalty Maximum Serious $964 per violation $13,494 per violation Other-Than-Serious $0 per violation $13,494 per violation Willful or Repeated $9,639 per violation $134,937 per violation Posting Requirements $0 per violation $13,494 per violation Failure to Abate N/A $13,494 per day unabated beyond the abatement date (generally limited to 30 days maximum) Source: January 10, 2020 memorandum from the U.S. Department of Labor, OSHA

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